LIQUOR CASES

Waihi Daily Telegraph, Volume XXX, Issue 8452, 13 April 1933, Page 2

LIQUOR CASES

UNLICENSED SALE AT SOCIAL TWO YOUNG MEN FINED AN INFORMATION DISMISSED Reserved judgment In the case in which Gordon Menzies, of Auckland, formerly a barman employed in Waihi, and Eric Rowe, of Waihi, were charged with having sold intoxicating liquor without a license was given by Mr F. W. Platts, S.M., in the Waihi Magistrate’s Court on Tuesday. The charges arose out of a farewell social to Menzies held in the Foresters’ Hall on the evening of November 4th. At the hearing in February Sergeant C. Harley prosecuted and Mr F. C. V. Clark, appeared for Menzies.

A NOISY EVENING “The facts are that some young men arranged a social evening in honour of one of their number who was leaving the district,” sjid the magistrate. “A hall was hired and they purchased 15 gallons of beer and some provisions, and arranged an evening’s entertainment, which was held on November 4th last. There was a fairly large attendance, and most of the men who came paid either 5s or 2s 6d upon admission. It is stated that a few paid nothing. This payment entitled them to partake of the beer which was freely served to them during the evening. The proceedings became noisy and damage was done to the windows of the hall; this attracted the attention of the police, and the present prosecution followed. The case is within Erickson v. Cattanach, 13G.L.R., 502 (an appeal from a magistrate’s decision) in which members of a football club purchased liquor to be consumed at a concert, the charge for admission being 5s for non-members. One man, a non-member, who attended the concert, did not buy a ticket but lent his piano for the evening. Liquor was handed to him by officers of the club, although not by the appellant. But appellant was a mem - ber of the club to which the liquor belonged and as such joined others in the supply of liquor to various persons present.” SALE TO NON-MEMBERS The magistrate said it had been held that the appellant had sold liquor to the non-member within the meaning of Section 195, and the position in the charge against the two defendants was very similar. Although it had been contended that Menzies was merely the guest of the others, the evidence had shown that he had suggested the gathering and had taken a leading part in arranging and in managing it; and that he had purchased the liquor that was consumed and paid for out of the admission money. Rowe had also been prominent in similar activities and had hired the hall. Both defendants would be convicted.

"Rowe declared that they had no idea. they were doing anything illegal, and no doubt that is true,” added the magistrate. “Although a penalty of £SO is provided for, the case is the first of its kind here. Each will be fined £1 10s and costs.” A CHARGE DISMISSED "The court has come to the conclusion that the evidence does not justify a conviction,” said His Worship in dismissing charges against Alfred G. Carter, licensee of the Golden Cross Hotel, of having kept his premises open for sale and of having exposed liquor for sale' at a time when the premises were required to be closed. The charges were the result of a police visit to the hotel shortly after S o’clock on the evening of December 3rd, when a Waihi resident, who was in consequence fined £1 at the last sitting of the court for being illegally on licensed premises, was found talking to the barman in the public bar. Although it was admitted that the liquor was clearly exposed to this man it was stated that he had not been served with drink and was not there for the purpose of procuring it. His explanation was that he was waiting for the licensee in order to arrange a luncheon party for the next day as he was expecting some relatives to visit the town. DECISION RESERVED Decision in the cases in which Frederick John King, licensee of the Waikino Hotel, was charged with having sold liquor after hours and with exposing liquor for sale, and in which Alexander Wallace was chargeded with being illegally on the premises, was further reserved.